Civil society group Corruption Watch wants five former Eskom board members declared delinquent directors.
It has applied to the High Court in Pretoria to prevent the five former directors from ever holding a directorship in a private company again, and for seven years in a state-owned company. The case is unusual in that it relies on little-used sections of the law to hold directors accountable, and if successful will rattle the rafters of boardrooms around the country.
The Guptas acquired Optimum using Eskom guarantees and prepayments. Pamensky is accused of acting against Eskom’s best interests in violation of his duties as a board member. Last year the Organisation Undoing Tax Abuse laid criminal charges against Pamensky for corruption, and for violating his obligations in terms of both the Companies Act and the Public Finance Management Act .
Lewis says the five former directors have given notice of their intention to defend the court action, though have yet to file their replying affidavits.
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